Fudging and Filipino Legislators

Let me try to characterize the Philippine social value called "Fudging". If we flip through the Humpty Dumpty New World Dictionary, skipping past a particularly popular American obscenity because it is not relevant to his inquiry, we come across the definition we need:

• Fudging: a propensity to work around the edges of the law for personal gain.

It derives from the Latin word fudgare, which is the infinitive expression of a verb meaning "to cheat benignly". Roman gladiators used it when they laced their loin cloths with hot chili pepper, at least preserving their family valuables from the maws of hungry lions.

"Hey Ben Hur, pass the Tabasco sauce, eh?"

Well, the inquiring mind of Joe America sees the Philippine Congress as being in a bit of a predicament because fudging has been, until now, an accepted Filipino social value. But that has changed.

Bam! Has it changed.

It changed because we had the page turning, dial flipping drama of Chief Justice Corona biting the proverbial impeachment dust at the hands of his Excellency, President Aquino, who pursued the case like a pit bull on a fluffy toy poodle.

The heavy mace of punitive embludgenment (note to self; add this fine descriptive word to the HDNWD) was called an "SALN", a particularly simple document that asks elected officials to add up what they own and what they owe and put it on paper. But the math was a little much for the Chief Justice, no matter the 26 years of education you are likely to find in his curriculum vitae. So the President and all his men, and a few women to boot, whacked the Chief Justice upside the head and tossed him under the historical bridge like a log heading downriver into the West Philippine Sea.

Well, in truth, it was not the math that nailed the Chief Justice. It was fudging.

He skirted around the edges of the law on his SALN, concocting some weird interpretation of bank secrecy laws meaning that his hidden and potentially ill-gotten wealth could be socked away in a thick iron vault under no eyes but his own. He did not have to enter dollars on his SALN. That is the way an incompetent Chief Justice fudges. He interprets laws to his personal benefit.

The Chief Justice also intermingled money from businesses and relatives and his own accounts in such a web of confusion that it would take 23 senators from now to eternity to figure out exactly whose is what. That is another way to fudge.

Alas, whereas fudging was perfectly fine in 2011, and everybody was doing it. It is processa non grata in 2012. That is, it is illegal.

And double alas, we have a bunch of representatives who impeached the fluffy puppy and a bunch of senators who convicted him who are also sitting on SALN's prepared under the 2011 Filipino Code of Conduct, where "to fudge" carried a certain macho bearing, as "man, we are screwing ordinary citizens  and pulling the wool over their blind and ignorant eyes; aren't we rich and grand!"

If the spotlight turns on the hooks and crooks in the legislative math-making, we'll likely find half the government out on its ass in the middle of the road. So the legislators have called a "time out". They are huddling and muddling and trying to figure out a way out of these troublesome woods. Once they discover how screwed up the SALN's of their colleagues are, they must decide what to do.

I have an idea.

Just declare amnesty. Stamp each SALN "accepted as filed" and move on. But next year's damn well better be precise to the decimal points and it had better include dollars and Russian rubles and even that well-tattered scrap of paper called the euro.

Recognize that social values have changed.

People who lived by the old values ought not be punished because the rules have suddenly changed.

"Well, then, Chief Justice Corona should be pardoned," you might argue. "He should be given his job back."

No, no. His warped SALN was relevant to his competence, and the impeachment an expediency for a greater good. His error strewn SALN proved his judicial injudiciousness. There was no intent to prove theft; there was intent to prove bad ethical character. A Chief Justice is paid to be a law-based and high-minded arbiter of disputes. He is not supposed to use his expertise to manipulate laws for personal gain.

A legislator is not an objective arbiter of the laws. He is a writer of laws, wherein the laws reflect the preponderance of the political ideology in place at the time. In other words, a legislator is PAID to be political. A Chief Justice is paid to be NON-POLITICAL.

So the legislative SALN's that may not add up don't prove anything with regard to a legislator's ability to write laws. Besides, who needs the hassle of trying to sort out all that paper muck when Filipinos are starving and many poor women are uneducated about birth control?

The main point is to move on. Certainly, the Philippines loves a good blood bath. The sensationalist television stations would love to see hundreds of legislators with their eyeballs gouged out, lying in the middle of Roxas Boulevard or wherever they'd get dumped. And the tabloid press, masking as mainstream newspapers, would love to rumble out edition after edition of 196 point headlines screaming which legislators couldn't add things up right.

The legislators that FUDGED!

But, the glory of gore aside, it would be better to focus an intense spotlight on 2013 SALN's as the clear benchmark of present wealth. And then 2014 and subsequent years to examine change. 

The point is made.

The point is clear.

Fudging is now a swear word.

Move on. Get transparent, get honest, and get some bills passed.

History from the Front End: President Aquino

Let's look at history from the front end, where we are today, and mull over a few things.

It was enlightening and uplifting to me to see the Senators lay out their cases during the impeachment trial of ex-Chief Justice Corona. First of all, the senators are generally young politicians. Enrile is old, and three or four others are seniors, but the bulk are in their forties, I would guess. Or fifties. That is young from the perspective of Enrile.

The second thing that impressed me was the senators' ability to think conceptually about the broader issue of public trust and integrity, and to express their decision in terms that mean a lot to the Philippines. Transparency is the root of integrity, eh? The tangible commitment public servants make to transparency helps build public trust.

Another thing, the public eye is sharper these days. This was a group of senators very aware that their constituents were watching with avid interest. Two senators close to jailed Ms. Arroyo bent to the pressure of public impressions, much to Ms. Arroyo's angry dismay.

The internet observers and social media, along with sensationalist mass media, do not allow much wayward behavior to persist unnoticed.

I believe we will see a lot more integrity in future SALN's, and I hope more use of them by public media and watchdog organizations to observe the wealth of our public servants. Compared to ordinary Filipinos, public officials are paid well. They have benefits that rice workers do not. If they need additional money, most have the ability to get it, legally. And that's fine, if it does not infringe on their ability to be competent on the job. Manny Pacquiao is a clear example of a public servant with a misplaced priority on self-enrichment over public work. He might as well be corrupt. He is certainly not contributing much to the betterment of the Philippines at his legislative desk. He is giving Filipinos false cheer, false pride. And getting paid by the taxpayer whilst doing it.

I'm not able to tell if the anti-corruption movement is getting beyond the top level of politics of not. I sense that places like Customs, DENR, PNP and LTO remain fundamentally rich with people enriching themselves illegally. I hope the President devises ways to move his sledge hammer actively from big name villains to the broader reaches of the lieutenants and sergeants who are sucking off the nation's legitimate wealth.

President Aquino is an interesting fellow. Personality-wise, he fits no model, Philippine or American. He is not charismatic, being an odd introvert who has learned not to be shy. Single. Active but prone to bouts of passiveness. Slouched and sobered from carrying around the hefty backpacks of Catholicism and the Cojuangco family name. Perhaps he does a little bit too much gloating, or taking accident like economic progress and claiming intent.

I wonder what he hopes to accomplish in four more years? Will he just sit back and whump on Ms. Arroyo and say "that's a good legacy for me; I'm happy with that"?

I hope not.

I think he has no idea how high he rides atop the waves of history, from this side.

He ought not squander the opportunity to become a truly great Filipino. Not just another face of another president in the same old same old roster of complacent achievement. He ought not to dive off the surfboard he is on, atop those waves. He ought to ride them right into a huge legacy.

He can do this by:

• Slowing outrageous population growth that is eating jobs. It is in his social plan, but he has done nothing to stop the over-birthing. Getting behind the HR Bill, or a simple PR campaign, will do the trick. "It's more fun with a small family" maybe. Get the slowdown started. While he's at it, give women a way to get out of abusive, broken marriages. It's called divorce, the lack of which has the rest of the world looking at the Philippines as backward. That is profound achievement, on top of his corruption fight.

• Building economic fundamentals, like more manufacturing of world-class products. Not junk. The tourism effort looks promising. Gambling? Okay if you don't mind the reputation. Call centers? Great, world class. Agribusiness? Its good, but not the powerhouse of Asia that it should be. Manufacturing? Not much. Find something. That would be a profound achievement and the foundation for a roaring economy.

• Ending cronyism and favoritism as the basis for filling jobs; he apparently does not get how "competence" is not yet built into the dynamic of Philippine production. It is as serious a drain on wealth-building as is corruption. He, too, plays favorites; case in point, the original China Ambassador, a friend, whose nomination was rejected for insufficient credentials. Build the search for competence as infrastructure. That is profound achievement.

• Jailing people who shoot journalists. Profound; ask Human Rights organizations.

• Continuing to work on the sticky internal enemies, the Muslims of Mindanao and NPR gangsters. The potential is there for profound progress.

Here is the legacy he ought to shoot for, the other end of the front side of history:

Noynoy Aquino: Wiki bio 2025, the Presidential Years 2010-2016

Noynoy Aquino. Son of assassinated presidential candidate, Senator Ninoy Aquino, and former President of the Philippines, Cory Aquino. President Noynoy Aquino achieved what his parents could only dream of, laying the groundwork for a modern Philippines, a nation substantially free of the corruption that had been the norm within government for over a century. He fostered an energetic and productive nation that began with seriousness to address the great scourge of poverty. He oversaw the emergence of a rising Asian industrial star anchored on tourism, gaming, technology services, minerals, agribusiness and manufacturing. His foreign policy advanced Philippine territorial and national interests while strengthening diplomatic and economic ties with super-powers China and America. He raised the nation's image and contribution to the Asian community of nations. President Aquino substantially ended the corrosive internal rebellions by Muslims and communists that had lasted for decades.  He repaired human rights violations from extra-judicial murders to child trafficking. He modernized social standards for women to permit (1) family planning, thus slowing a non-sustainable birth rate, and (2) divorce, thus ending the bondage of women to abusive or deadbeat husbands.

He arrived in office a quiet, unassuming man carrying a legacy of grief and good will. He left having energized a nation, giving the Philippines new life founded on principles of honesty, integrity and good work.

Ride those waves, Mr. President . . . ride 'em all the way . . .

Get to work, eh?

And write a State of the Union message that motivates the citizens of the Republic to do good deeds, not blows smoke in their ears about how wonderful you are.

Historians will decide if you are wonderful or not.

Arroyo, Santiago, Marcos, and Get Real Post

When I lived in the U.S., I would tune into C-Span, the television network that airs broadcasts of the Senate and House in action. It is a patriotic place of contention and argument, bias and posturing, facts and reason. Some days civil, most days down and dirty.

The Supreme Court impeachment trial showed me something similar. Patriotic people, contentious and argumentative, biased and posturing, wrestling with facts and reason. Most days were down and dirty.

But you know, the Philippines has moved FORWARD and HIGHER, both with the outcome of the trial, and the democratic maturity demonstrated in the proceeding. It has moved FOR transparency and accuracy of public reporting by government employees. It has moved FOR integrity in the Supreme Court, a fundamental requirement for independence and respect.

No revision to the bank secrecy law is required, I think, as the Senate has declared clearly that SALN's must include dollar-denominated deposits. Case law is as good as written law and anyone who purposely withholds dollar deposits does so at considerable peril.

I'm guessing that one outcome of the trial will be much more attention and documentation put behind the SALN's. That's good.

The one law I would suggest OUGHT to be added is an act that creates a regulatory agency that oversees broadcast and print media. Today these media are self-regulated and pretty much out of control. If there is an ethical foundation for news reporting, it is not very strict. Rumor and borderline slander make up much of the sensationalist reporting. Media form a loose and irresponsible mob, in the main, more interested in titillating and attracting audience than integrity of reporting. This is not in the public interest.

I'm not that familiar with the political parties or persuasions of the senators. I found most of the arguments thoughtful and, frankly, uplifting. The exceptions were the dark political accusations of Senator Arroyo, the lunatic ranting of Senator Santiago, and the odd argument of Senator Marcos that puts the Bill of (personal) Rights above the Constitution. All three gave great arguments for continuing the ways of the non-transparent and corrupt.

I trust that Get Real Post will emote and rationalize away the proceeding as the opposite of what it was. They will claim it confirms the vacuity of the Filipino, and their vindictiveness.

No, no. You won't find much respect for democratic process at Get Real Post. The real vacuity rests with the values of GRP editors and its loyal thugs.

I hope President Aquino has a happy visit with President Obama in the U.S. next week. President Obama will be thoroughly briefed on the outcome of the trial, you may be assured.

Then President Aquino ought to return to the Philippines and go to work on constructive acts. Get out of  political name-calling, and do some work. He's got less than four years left.

He was grossly out-of-line during the trial as he or his spokesmen meddled in Senate affairs.

It is good that he is enthusiastic about fighting corruption. It is bad that he lacks a certain discipline. He displays the same kind of loose discipline that got Chief Justice Corona in trouble.

He also tends to shade his appointments toward friends rather than competence. He needs to go with competence. His selection of the Supreme Court Chief Justice will be under a huge microscope.

The Good, the Bad, the Ugly

Do you know why I love the Philippines and Filipinos? Because they have character.

They're good, they're bad, they're ugly.

Take the impeachment trial. Senator Enrile is a good guy. He holds the wisdom of the ages in his still brilliant legal mind. Sure it takes him some time to piece his sentences together, to rummage through the crowded or clouded memory banks to find precisely the right words to line up, to make every sentence mean something. But if you wait patiently, you find impeccable logic and profound thinking. Like the last two questions he asked that demonstrated clearly that the bank secrecy laws and SALN are NOT in conflict, leading even a half-wit to figure out that SALN requires voluntary disclosure of dollar amounts . . . or resignation because you can't live up to the oath.

Well, also not grasping the notion is the defense who clasped desperately to any log they could find as they shot down the river toward destiny. Interestingly, they lost control when the defense took over the trial and they got upended by calling the Ombudsman to the stand.

But lead counsel Cuevas was another good guy. Sure, he was stuck with defending a slimeball, but somebody's got to do it. He had to stand at the mike and face the condemnation of Enrile as the other attorneys slunk down in their chairs as the Chief Slinker Corona exited during his infamous walkout. Other attorneys were evidently in on the ploy, but poor Mr. Cuevas was not. Still, he hung boldly in there, apologizing and doing all he could do to protect his ill-mannered client.  Throughout the trial, he had to work in a public spotlight with and against colleagues who were friends and former students of his. But he stuck to the high road, vigorously arguing the law and the facts, slanted to reinforce his interpretation of the law.

One of the "bads" was the Chief Justice who redefines slime-in-a-robe . . . offering up any excuse, any whine, any political attack in the name of vengance. His walk-out will define him for life, and his pathetic look, sitting eyes down in his wheel chair, getting reprimanded like a child.

And I put President Aquino among the bad, too, for this particular exercise, the trial. He just could not shut up, never understanding that his political condemnations of the Chief Justice during the trial were exactly the thing we hate about the Chief Justice: it's called meddling. Reaching for the court of public opinion rather than the principle of justice, the principle that Mr. Corona deserves a trial untainted by Executive opinion.

One ugly was that goody-two-shoes Keh fellow, who took it upon himself to go directly to Senator Enrile, as if he, Keh, were an esteemed part of the judicial process because he is idealistically pure. Well, he got what he deserved. A belt whipping on national TV.

The other ugly was whipping the belt . . . Senator Santiago. She used to be refreshing, her candid rants putting people in their place. But now every time she steps to the microphone, there is anger in every word. Maybe she should consider retiring, eh? The Senate is a demanding job, and no one will ever be able to live up to the perfections that she demands. She has become a bore, not refreshing.

And for me, personally, it has been a delight watching the various senators perform. I say "perform" because I think they do a lot of acting. My favorite was young Estrada, and I'm sorry to understand that he is close to the Arroyos. He has a disarming way of laughing at things. We never quite know what he is laughing at, but he laughs a lot, and sometimes I suspect he is laughing at us. That's very different than the stiff formality we see in other senators, and I like it.

Perhaps the ugliest of the uglies are the media, the sensationalists posing as journalists.

No dirt, no rumor, no slander is too cheap for them to blaze in the headlines. I suppose they don't have enough staff or professionalism to actually dig for facts, to write in-depth stories that interview several perspectives. To do thoughtful pieces. No, they take the quick hit, the vivid display of shock and surprise, and wrap it in tissue paper. Then put it in the headlines. Then look for the anger that flows forth to add "substance" to the story.

I look around my neighborhood and I see more goods and bads and uglies. They are all over the place. More goods than bads. More bads than uglies.

And I find myself, like Senator Estrada, inclined to laugh a lot.

And so I am happy here.

Down to the Wire

The impeachment trial is nearly over. No one is predicting a win except the defense and prosecution. Both predict a win, or at least are arguing vociferously right down to the wire.

It is easy to see why acquittal is possible. The $2.4 million dollars and P80 million have been reasonably explained away by Mr. Corona. Bank secrecy laws. Comingled funds. Unclear SALN rules. After 45 years of professional work, an inheritance, money from sale of property, it is within reason that he would have this amount. Is five properties out of line? Maybe or maybe not, given the entangled family web that is the Coronas. If Mr. Corona were a top-flight judge with above-board, objective, apolitical views, and an honorable attitude regarding transparency, there would be no conviction.

But that is not the case. Mr. Corona has stonewalled his information, fought all the way, issued political condemnations of the Executive and Legislative branches as well as the Ombudsman, prosecution attorneys and media. He argues that this is to protect the independence of the judiciary whilst he has blatantly tried to undermine the reputation and standing of the other branches of government. "His" court has been instrumental in blocking interviews with Supreme Court Justices that were fundamentally important to many of the impeachment charges. That's why they were dropped.

Here is why I would vote for conviction:

• It is a political call, not legalistically pure.

• Mr. Corona did not report substantial assets. The excuse-making reflects a fundamental opposition to transparency. Transparency is critically important to ending corruption. Every Supreme Court case going forward will come down against transparency in the future if he remains in his seat.

• Acquittal would empower the Supreme Court, make it the dominant of the three branches of government; unassailable by impeachment, unapproachable by Executive, run by a political man of weak legal ethics.

If the Senate acquits, the Philippines will remain locked down in hidden accounts, precious little transparency, and weaker Executive and Legislative branches. The courts will remain under the direction of a Chief Justice who does not represent the Philippines responsibly or apolitically or, in my opinion, competently. Mr. Corona is guided by forces other than the law, and that is the definition of corruption.

The courts will remain a barrier to transparency and honesty.

That's bad.